Making Decisions - Consensus, Disagreement, and What Comes Next
- Accessible Education
- Oct 25
- 10 min read
Updated: Nov 10
Part 9: Navigating Texas Special Education: Your Essential Guide to ARD Meetings
You're at the ARD table. Your child's needs have been discussed. Services have been proposed. Goals have been reviewed. Now it's time to make decisions. How does that actually work? Can the school outvote you? What happens if you disagree? And what are your options when the ARD committee can't reach agreement?
This post demystifies the decision-making process and empowers you to navigate both agreement and disagreement with confidence.
The Gold Standard: Consensus
Let's start with the ideal scenario, when everyone agrees.
What Is Consensus? In the ARD context, consensus means all members of the committee agree on the decisions being made regarding required elements of the IEP. It's not just a majority agreeing while one or two dissent, it's genuine agreement among all participants.
What Requires Consensus? Consensus is required for decisions about all components that must be included in the IEP:
Present levels of academic achievement and functional performance
Measurable annual goals
How progress will be measured and reported
Special education and related services to be provided
Supplementary aids and services
Program modifications or supports for school personnel
Extent of participation with nondisabled children
Participation in state and district assessments (and any accommodations needed)
Projected dates for services to begin, frequency, location, and duration
Transition services (when applicable)
How the child will be assessed for graduation (in Texas)
Why Consensus Matters: Consensus ensures that decisions are made collaboratively, with buy-in from all parties. When everyone agrees, there's shared ownership of the plan and shared commitment to its implementation. It reflects genuine problem-solving rather than one party imposing its will on others.
Striving for Consensus: ARD committees should make every effort to reach consensus. This means:
Listening to all perspectives
Considering all data and information presented
Discussing alternatives and their pros and cons
Asking questions and seeking clarification
Being willing to compromise when appropriate
Focusing on the child's needs rather than on "winning" the discussion
When the ARD process works as intended, consensus is achievable in the vast majority of meetings. Most parents and educators share the same goal, helping the child succeed, and can find common ground even when they start from different positions.
What Consensus Is NOT: Majority Vote
Here's a critical point that many people misunderstand: majority vote is not permissible for decisions about required IEP elements.
The ARD committee cannot simply count hands and go with whatever the majority wants. You cannot be outvoted. Your voice carries equal weight to anyone else's at the table, regardless of how many school staff members are present.
Why This Matters: This protection prevents schools from stacking ARD meetings with staff members to create a numerical advantage. Even if there are eight school employees and one parent at the table, decisions must be made by consensus, not by an 8-to-1 vote.
The Exception: Majority vote may be used for decisions about matters that are not required to be included in the IEP, peripheral issues that go beyond the mandated IEP components. However, for everything that must be in the IEP, consensus is the standard.
When You Can't Reach Consensus: The Process
Despite everyone's best efforts, sometimes the ARD committee cannot reach consensus. The law provides a structured process for handling these situations.
Step 1: Identify The Disagreement Clearly
When it becomes clear that consensus isn't achievable, the first step is ensuring everyone understands exactly what the disagreement is about.
Be Specific: "I disagree" is a start, but "I disagree with reducing speech therapy from twice weekly to once weekly because [child's name] has only met 3 of 10 communication goals and continues to struggle with articulation in the classroom" is more helpful.
Focus on the Child's Needs: Frame disagreements in terms of what your child needs, backed by data and observations when possible. This keeps the discussion focused on the educational issues rather than becoming personal.
Separate the Issues: Sometimes, there are multiple points of disagreement. Identify each one separately. You might agree with most of the proposed IEP but disagree with one specific service or goal.
Step 2: The Recess and Reconvene Option
When consensus cannot be reached, Texas law requires the school to offer you a specific opportunity to resolve the disagreement.
The Requirement: The school must offer the disagreeing parent an opportunity to recess and reconvene the ARD meeting.
Typical Timeframe: The recess period is typically up to ten school days, though this can vary based on circumstances and agreement of the parties.
Purpose of the Recess: This cooling-off period serves multiple purposes:
Gives everyone time to step back from the emotional intensity of the meeting
Allows time for additional data gathering or consultation with experts
Provides opportunity for informal problem-solving conversations between meetings
Lets parents consult with advocates, attorneys, or other advisors
Enables school staff to explore alternative options or gather additional information
You Must Be Offered This Option: The school cannot skip the recess and reconvene option and immediately implement their preferred IEP. They must offer you this opportunity.
You Can Decline: While the school must offer the option to recess and reconvene, you can decline if you prefer to resolve the disagreement through other means or if you don't believe additional time will lead to resolution.
Step 3: The Reconvened Meeting
If you accept the option to recess and reconvene, the ARD committee meets again after the recess period.
New Information: Ideally, the recess period will have produced new information, new perspectives, or new proposals that weren't on the table at the first meeting.
Continued Effort Toward Consensus: At the reconvened meeting, the committee again attempts to reach consensus. Perhaps the additional time and information will lead to agreement.
What If Consensus Still Isn't Reached? If the reconvened meeting still doesn't result in consensus, the process moves to the next step.
Step 4: School Implementation
If consensus cannot be reached even after the recess and reconvene opportunity, the school has the authority to implement the IEP it determines to be appropriate.
The School's Obligation: The school district has the legal obligation to provide FAPE. When consensus cannot be reached, the school implements the IEP that it believes provides FAPE, even over parental objection.
This Is Not the End: The school's ability to implement their preferred IEP doesn't mean you have no recourse. You retain all your rights to pursue formal dispute resolution, which we'll discuss shortly.
Services Must Be Provided: Even while disputes are ongoing, the school must continue to implement an IEP that provides FAPE. Your child doesn't go without services while disagreements are resolved.
Your Right to Document Disagreement
When consensus cannot be reached and the school implements its preferred IEP over your objection, you have an important right: the right to include a statement of disagreement in the written IEP.
What This Means: Any ARD committee member (including you as the parent) who disagrees with the IEP can include a written statement explaining their disagreement as part of the IEP document.
What to Include: Your statement of disagreement should:
Clearly identify what you disagree with (specific services, goals, placement, etc.)
Explain why you disagree (your concerns, the data that supports your position, etc.)
Describe what you believe would be more appropriate
This Creates a Record: Your statement of disagreement becomes part of the official IEP document. It travels with the IEP and is available to anyone who reviews the IEP, including hearing officers, if you later pursue due process.
Don't Skip This: Even if you plan to pursue formal dispute resolution, include your statement of disagreement in the IEP. It documents your position contemporaneously with the ARD meeting, which can be valuable evidence later.
Formal Dispute Resolution Options
When the ARD process doesn't resolve disagreements, Texas offers multiple pathways for formal dispute resolution. You don't have to accept the school's decision as the final word.
Option 1: State IEP Facilitation
What It Is: Texas offers IEP facilitation services through the Texas Education Agency. A trained facilitator attends ARD meetings to help the committee reach consensus.
When to Use It: Facilitation works best when:
Communication has broken down, but the parties want to resolve the issue
The relationship between parents and school is still workable
Technical expertise in special education might help clarify options
A neutral third party could help find common ground
How to Request: Either parents or schools can request facilitation through TEA.
Voluntary: Both parties must agree to use facilitation. It cannot be forced on either party.
No Cost: Facilitation services are provided at no cost to parents or schools.
Option 2: Mediation
What It Is: Mediation is a voluntary process where a qualified, impartial mediator helps you and the school district reach agreement on disputed issues.
How It Works: The mediator doesn't decide who's right or wrong. Instead, they facilitate discussion, help clarify issues, explore options, and guide the parties toward agreement.
Written Agreement: If mediation results in an agreement, it's documented in a written mediation agreement that's legally binding and enforceable.
Confidentiality: Mediation discussions are confidential and cannot be used as evidence in later due process hearings or court proceedings.
Voluntary: Both parties must agree to mediate. You cannot be forced to mediate, and choosing not to mediate doesn't limit your other rights.
No Cost to Parents: The state pays the cost of the mediation process, including the mediator's fees.
Option 3: State Complaint
What It Is: A written complaint filed with the Texas Education Agency alleging that the school district has violated special education requirements.
What TEA Investigates: State complaints address violations of federal or state special education law, procedural violations, failure to implement IEP provisions, denial of FAPE, etc.
How It Works:
You file a written complaint with TEA describing the alleged violations
TEA investigates, which may include reviewing documents, conducting interviews, and requesting information from the district
TEA issues a written decision, typically within 60 calendar days
If violations are found, TEA orders corrective action, which might include compensatory services, staff training, policy changes, etc.
Timeline Limitation: Complaints must be filed within one year of the alleged violation.
While You're Pursuing Other Options: You can file a state complaint even if you're also pursuing mediation or due process.
Option 4: Due Process Hearing
What It Is: A formal legal hearing before an impartial hearing officer who reviews evidence, hears testimony, and issues a legally binding decision.
When to Use It: Due process is the most formal dispute resolution option and is typically used for significant disagreements about:
Whether the child is receiving FAPE
Appropriateness of evaluations
Placement decisions
Major service or program changes
How It Works:
You file a due process complaint
Both parties engage in discovery (exchanging information and evidence)
A resolution session is held (an attempt to settle before hearing)
If not resolved, a formal hearing occurs with testimony and evidence
The hearing officer issues a written decision
Legal Process: Due process hearings are formal legal proceedings. Many parents choose to work with attorneys, though it's not required.
Timeline: Due process hearings must be conducted and decisions issued within specific timelines (generally 45 days from when the complaint is filed, with possible extensions).
Decisions Are Binding: The hearing officer's decision is legally binding and can only be appealed to court.
Stay-Put Provision: Once you file for due process, your child typically has the right to remain in their current educational placement (the "stay-put" placement) until the dispute is resolved, unless you and the school agree otherwise.
Choosing Your Path Forward
When you can't reach consensus at an ARD meeting, how do you decide which dispute resolution option to pursue? Consider These Factors:
Nature of the Disagreement: Is this primarily a procedural violation (better for state complaint) or a substantive disagreement about FAPE (better for due process)?
Relationship with the School: Is the relationship salvageable, and is the school acting in good faith? Facilitation or mediation might work. Is the relationship adversarial or trust broken? More formal options might be necessary.
Urgency: Do you need immediate relief? Due process can provide interim protections. Can the issue wait for investigation? State complaints take time but can address systemic issues.
Complexity: Simple, straightforward violations might be addressed through state complaints. Complex issues involving competing expert opinions might require the full due process hearing format.
Resources: Do you have access to legal representation if needed? Are you prepared for the time and emotional investment of formal proceedings?
You Don't Have to Choose Just One: You can pursue multiple paths. For example, you might file a state complaint about procedural violations while simultaneously pursuing mediation on substantive service disagreements.
Maintaining Perspective
Disagreements at ARD meetings can be stressful and emotionally charged. Your child's needs are at stake, and that makes everything feel high-stakes. Remember:
Disagreement doesn't mean failure; it means people care enough about your child to advocate for what they believe is right
Most disputes are resolved without going all the way to due process hearings
The goal is always finding the right solution for your child, not "winning"
You can disagree with the school on specific issues while maintaining a working relationship
Your relationship with your child's school continues after any dispute is resolved
Document Everything: Regardless of which path you choose, document all communications, keep copies of all documents, take notes at meetings, and maintain a clear record of events. This documentation is invaluable if disputes escalate.
Seek Support: Connect with other special education parents, parent support organizations, or advocates. You don't have to navigate these challenges alone.
When Consensus Works
Before we move on, let's remember that the vast majority of ARD meetings do reach consensus. When both parents and educators approach the table with genuine commitment to collaboration, shared focus on the child's needs, and willingness to consider each other's perspectives, agreement is typically achievable.
Consensus doesn't mean you never disagree during discussions. It means you work through disagreements respectfully and reach mutually acceptable decisions. This collaborative process, when it works, is special education at its best.
Moving Forward
We've covered a lot about the ARD proc
ess, from foundational documents to timelines to rights to decision-making. Next, we'll explore special circumstances where ARD meetings intersect with discipline, including manifestation determination reviews and the protections students with disabilities have when facing disciplinary action.
This is Part 9 in our series "Navigating Texas Special Education: Your Essential Guide to ARD Meetings." Next up: Part 10: Special Circumstances - Discipline and ARD Meetings.
Need Help From a Special Education Advocate When You Disagree With Your School’s ARD decision?
Get expert guidance on recess and reconvene options, written disagreements, and dispute resolution under Texas special education law. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
